Ohio Supreme Court ousts Sheriff Maier, reinstates Sheriff Swanson

Wednesday

Nov 6, 2013 at 9:24 AMNov 7, 2013 at 9:27 PM

Ohio Supreme Court, in 5-2 decision, ruled Stark County Sheriff George Maier was not qualified for the job when he was appointed to the position in February. Former sheriff Tim Swanson will be reinstated.

Longtime Stark County Sheriff Timothy Swanson will soon be on a plane back from Florida to reassume the office he hasn't seen since he retired in February.

His attorney expects him back by Monday. How long Swanson stays in office remains up in the air. It could range from a few days to more than a month.

"This was sort of a lightning bolt that hit all of us," Swanson's attorney Greg Beck said.

On Wednesday, the Ohio Supreme Court issued a 5-2 decision that reinstated Swanson as sheriff, ousted George T. Maier who has been serving as sheriff for the past nine months and ordered the Stark County Democratic Party to appoint Swanson's successor. The court determined that Maier, former Massillon safety-service director, a retired Ohio Highway Patrol trooper and former assistant director of the Ohio Department of Public Safety, did not meet the legal requirements to be sheriff when county Democrats appointed him to the post in February. It is the second time in three years that the state Supreme Court has determined that Stark County officials have improperly filled a county-level position.

In a June 2011 decision, the supreme court reinstated Gary Zeigler as Stark County treasurer 10 months after commissioners had removed him from the post based on the discovery that Zeigler's chief deputy stole millions of dollars from the office over several years. The court had determined that the state law commissioners used for the removal was unconstitutional. The lawsuit cost the county roughly $250,000 just in legal fees and back pay.

Beck said Swanson, who served 13 years as sheriff, likely will not seek back pay as Zeigler had done, but his firm will be sending the county a bill for its legal representation of Swanson. He estimated that more than 100 hours were spent on the case.

RULING

Under Ohio law, a county sheriff must be a full-time certified peace officer within the past four years. Maier argued that he met the full-time requirement because he held a peace officer commission while assistant director at the Ohio Department of Public Safety for four years, leaving the office in July 2011, and he worked as a full-time deputy in Harrison County on Jan. 12 and Jan. 13.

The court disagreed, siding with Swanson who also had challenged whether Maier held the educational experience to meet the job qualifications. The five justices found that while Maier was a peace officer within the past four years, he wasn't full time because his duties as assistant director of the Department of Public Safety included administrative tasks, such as overseeing the human resources office and equal opportunity programs, participating in collective bargaining and establishing goals and policies. They cited a 2001 Ohio Attorney General's opinion that said to qualify as a full-time law enforcement officer, all of a person's regular working hours must involve law enforcement work. The justices also said Maier's two days of work a Harrison County deputy were too brief to be considered full time.

In their dissenting opinion, Justices Paul E. Pfeiffer and William J. O'Neill said Maier's additional administrative tasks "is more an indication of competence than, as stated in the majority opinion, a reason for automatic disqualification."

Since the court disqualified Maier based on his lack of full-time law-enforcement experience, it did not address whether his previous educational experience met the law's standards.

SAYING GOODBYE

Maier, who declined the Repository's request to be interviewed, issued a statement Wednesday that said he was saddened by the news but would respect and follow the court's decision.

"I have always and continue to believe that I meet the requirements to be sheriff," Maier said in the statement. "... It has always been and continues to be my goal to assist and support the Stark County Sheriff's Office as a loyal and professional public servant. It has been my honor to serve as the Stark County Sheriff."

Deputy Chris Barker, a 23-year employee, said Maier's departure was like losing a friend. She said Maier approached employees as "one big family" and worked to change the atmosphere at the sheriff's office.

"There were a lot of tears shed today — not only from women, but some of the men," Barker said. "He absolutely touched everyone in that department."

County commissioners also commended Maier's service in the department.

"This is, I feel, another setback for the county," said Commissioner Janet Weir Creighton, one of the two Republicans on the board.

WHAT'S NEXT

As of Wednesday evening, no meeting had been set for the county Democratic Central Committee to appoint a new sheriff as ordered by the court.

Randy Gonzalez, chairman of the Stark County Democratic Party, said he still has too many questions he needs answered first.

"This opinion just left so many things out there," he said. "Obviously he's (Maier) been working as sheriff for the last eight months. Does that mean he's qualified now, or does that time not count? They didn't answer that question."

In February, Gonzalez had lobbied for Maier's appointment as sheriff, saying that two attorneys declared that Maier was qualified. By an eight-vote margin, the committee selected Maier over Swanson-backed candidate Sheriff Lt. Louis Darrow as the person to take office for Michael McDonald, who had been elected sheriff but was unable to assume the position due to health reasons. Hartville Police Chief Lawrence Dordea, a Republican, had received one vote from the committee.

"Obviously I felt he was very qualified or I wouldn't have let the committee appoint him," Gonzalez said. "I did my job. I went to two attorneys and had them review his qualifications that was my job as the chairman. Both those attorneys agreed he was qualified but obviously the supreme court didn't."

NO DELAY NEEDED?

Gonzalez said state law requires the committee to make the appointment between five and 45 days. He believes anyone who meets the job's qualifications can apply.

"We believe the Central Committee should appoint Lou Darrow as sheriff," said Beck, who had represented Darrow in a lawsuit that sought to block the committee vote in February. "If not, then they only should consider those (Darrow and Dordea) that were qualified on Feb. 6."

Beck said if the committee delays making the appointment, he will ask the Ohio Supreme Court to force the party to make a decision — which also will add more legal expenses to the county's bill.

Both Darrow and Dordea said Wednesday they would again apply for the appointment and serve as sheriff until January 2015. Voters will decide in the November 2014 election who should fill the remainder of McDonald's term, which expires in January 2017.

SHERIFF LAWSUIT TIMELINE

JAN. 3: Sheriff-elect Michael A. McDonald notifies Stark County commissioners that he is unable to assume the duties of sheriff due to health reasons. Ohio law states the Stark County Democratic Party must appoint his replacement.

JAN. 28: Massillon Safety-Service Director George T. Maier, Sheriff Lt. Louis Darrow and Hartville Police Chief Lawrence Dordea, the Republican who had challenged McDonald in November, meet the deadline to be considered candidates for the sheriff appointment.

FEB. 4: Darrow files legal action in the Ohio Supreme Court that seeks to stop the Democratic Party's Central Committee from naming Maier sheriff. Darrow said Maier does not meet the statute's legal prerequisites to hold the position.

FEB. 5: In a contested vote, the Democratic Central Committee appoints Maier to fill the remainder of McDonald's term, which expires in January 2017.

FEB. 7: Maier is sworn in as Stark County sheriff. He also resigns from his position as Massillon's safety-service director.

FEB. 12: Swanson files a lawsuit in the Ohio Supreme Court that seeks to remove Maier from office, reinstall him as sheriff and force the county Democratic Central Committee to appoint either Darrow or Dordea as the next sheriff.

FEB. 19: Commissioners appoint of Roetzel & Andress of Columbus to represent Maier for up to $20,000.

NOV. 6: Ohio Supreme Court issues a 5-2 decision that reinstates Swanson as sheriff, ousts Maier from office and orders the Stark County Democratic Party to appoint Swanson's successor. The court determines that Maier did not meet the legal qualifications to be sheriff.